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  • Smith v. Warden, 4th Cir. (2001)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appeals court reviewed the district court record and found no reversible error in its reasoning for denying the petition. The appeals court therefore denied Smith's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the district court's opinion.

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    Filed: 2001-01-26 Precedential Status: Non-Precedential Docket: 00-7122

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appeals court reviewed the district court record and found no reversible error in its reasoning for denying the petition. The appeals court therefore denied Smith's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the district court's opinion.

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    Public Domain
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    9 views2 pages

    Smith v. Warden, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appeals court reviewed the district court record and found no reversible error in its reasoning for denying the petition. The appeals court therefore denied Smith's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the district court's opinion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7122

    THOMAS EARL SMITH,


    Petitioner - Appellant,
    versus
    WARDEN, Nottoway Correctional Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District
    Judge. (CA-00-166-AM)

    Submitted:

    December 20, 2000

    Decided:

    January 26, 2001

    Before MICHAEL, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Thomas Earl Smith, Appellant Pro Se. Linwood Theodore Wells, Jr.,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Thomas Earl Smith seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 2000).

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district
    court.

    Smith v. Warden, Nottoway Corr. Ctr., No. CA-00-166-AM

    (E.D. Va. July 20, 2000).

    We dispense with oral argument because

    the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
    process.

    DISMISSED

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